Dr. Bryan of Point Compliance Group Named to NSBA Leadership Council

GREENSBORO, NC – Dr. Tomi Bryan of Point Compliance Group was recently named to the National Small Business Association (NSBA) Leadership Council. NSBA is the nation’s oldest small-business advocacy organization, and operates on a staunchly nonpartisan basis. Dr. Bryan, a recognized leader in the small-business community, joins the NSBA Leadership Council alongside other small-business advocates from across the country as they work to promote the interests of small business to policymakers in Washington, D.C. 

“As a small-business owner, I see daily the importance of being involved and active when it comes to laws and regulation,” stated Dr. Bryan. “Joining NSBA’s Leadership Council will enable me to take our collective small-business message to the people that need to hear it most: Congress.” 

Dr. Bryan joined the NSBA Leadership Council as part of her efforts to tackle the many critical issues facing small business, including tax reform, regulatory restraint, health care costs and how the Affordable Care Act will impact small business. The NSBA Leadership Council is focused on providing valuable networking between small-business advocates from across the country while ensuring small business a seat at the table as Congress and regulators take up key small-business proposals.

“I am proud to have Dr. Tomi Bryan as part of our Leadership Council,” stated NSBA President and CEO Todd McCracken. “She came to us highly recommended and I look forward to our coordinated efforts for years to come.”

Point Compliance group is the leading provider of expert consulting in government contracting and GSA scheduling.

Please click here to learn more about Point Compliance Group.
For more on the NSBA Leadership Council, please visit www.nsba.biz/leadershipcouncil.

PCG Updates - August 2017

Our team went everywhere in August! 

David Houston & Tomi Bryan were in Austin for quarterly compliance reviews, and our very own Tom Suher has just returned from a trip to Greece. Although we are based in Greensboro, NC our team makes it happen for companies around the country. Compliance is easy with our team of hands-on expert consultants. 

Do you have questions about implementing a new compliance program? Need a compliance review? Our expertise in government contracting and compliance gives our clients peace of mind when selling to the federal government. 

Avoiding The Dangers Of The False Claims Act

THE FALSE CLAIMS ACT: DANGERS LURK FOR FEDERAL GOVERNMENT CONTRACTORS WHO FAIL TO COMPLY WITH GOVERNMENT REGULATIONS – BE PREPARED FOR GOVERNMENT AUDITS

The False Claims Act (FCA) is a federal law that is frequently used to pursue federal government contractors  (or their subcontractors)who are alleged to have knowingly or recklessly failed to comply with government laws and regulations related to their contract performance.  The FCA may be enforced directly by government investigation and legal action or by relators which are third parties (for example, aggrieved employees, competitors or, as noted below, government auditors) who bring the allegedly fraudulent conduct to the government’s attention and can share in any recovery and penalties.  Damages and penalties under the FCA include recovery of any government over payments and severe multiple times penalties applicable to each false claim

While deliberately fraudulent conduct will always get you into trouble, note that a false claim may be based on an “implied certification” theory that a condition or perquisite to being paid was not fulfilled.  For example, the failure to comply with the following, at either the prime or subcontractor level, could form the basis for an FCA claim:

  • Providing labor that does not have the requisite or promised qualifications or clearances

  • Providing products or systems that have not met required testing or inspection criteria

  • Failure to comply with price disclosure requirements  and the price reduction clauses in a GSA or VA Schedule contract

  • Inaccurate Trade Agreement Act or Buy American Act representations on the origin of products

Note that government auditors, including the DCAA personnel, are charged to look for “fraud indicators” and refer such findings to the Department of Justice.  These indicators can be uncovered as the result of information the auditors see during their audit or through interviews with contractor personnel and need not be the focus area of their audit.  In fact, government auditors may in certain cases be relators who can share in the recovery and penalties imposed against the contractor.

Bottom line, compliance with the Federal Government laws and regulations by contractors (and subcontractors) is mandatory.  An FCA claim and its costs to defend (even if you are ultimately successful) can be damaging and costly.  As noted, penalties can be enormous.  A government audit can be an especially dangerous juncture.  

Point Compliance can help you at the front end by ensuring you have compliance policies, procedures and training in place to avoid FCA exposure and to help you prepare for that government audit.